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(영문) 인천지방법원 부천지원 2020.04.29 2019고단4293
도로교통법위반(음주측정거부)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Criminal Power] On June 24, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch.

【Criminal Facts】

At around 02:42 on November 12, 2019, the Defendant: (a) 02:42, while drinking alcohol at a road parking lot in front of Kimpo-si, Kimpo-si, the Defendant: (b) shocked D-owned cars parked in the front side of the Defendant’s drive while driving a car at C-Spo-si; (c) reported 112 by the witness; and (d) during the process of confirming the Defendant’s personal information after having arrived at the scene, the police officer of the Kimpo-si Police Station, who was affiliated with the Kimpo-si Spo-si, reported 112, and was found to have driven a motor vehicle under the influence of red drinking, the Defendant was requested from the above G-si, but failed to comply with the request for a drinking test by a police officer without justifiable grounds, and failed to comply with such request.

Accordingly, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the state of drinking practice, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (Attachment of a summary order of the same kind to a suspect), and application of Acts and subordinate statutes concerning summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures are behind vehicles.

In spite of the police officer's request for a drinking test, the parked vehicle was damaged, and the police officer was rejected.

In 205 and 2011, the defendant has been punished by the Road Traffic Act violation(LA) at the same time.

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